(a) Any owner, individual, or business entity conducting any lead-based paint activity, or demolition, renovation, remodeling, painting, carpentry, plumbing, or other activity, that may generate lead-based paint chips, dust, or other lead-based paint debris, in or on the exterior of a dwelling unit or child-occupied facility, built prior to 1978, shall use lead-safe work practices.
(b) In addition, any owner, individual, or business entity shall:
(1) Comply with the following work practice standards, as applicable:
(A) Work practice standards in 40 C.F.R. § 745.226 and 40 C.F.R. § 745.227, or any successor regulation of EPA;
(B) U.S. Department of Labor, Occupational Safety and Health Administration standards relating to lead, including those standards found at 29 C.F.R. § 1926.62 and 29 C.F.R. § 1910.1025, and any successor regulations;
(C) HUD Methods and Standards for Lead-Paint Hazard Evaluation and Hazard Activities contained in Chapter 35 of Title 24 of the Code of Federal Regulations, and any successor regulations; and
(D) Any other standards required by the Mayor by rule;
(2) Conform with the prohibition of unsafe practices listed at 24 C.F.R. § 35.140;
(3) Prevent paint dust, chips, debris, or residue from being dispersed onto adjacent property or increasing the risk of public exposure to lead-based paint; and
(4) Adhere to other requirements for renovations listed at 40 C.F.R. §§ 745.80 through 745.91 and any other requirements established by the Mayor.
(c) Subsection (a) of this section does not apply to the following:
(1) Individuals who perform lead-based paint activities in residences that they own; provided, that the residence is occupied by the owner or the owner's immediate family, and there is no person at risk residing therein; and
(2) Performance of maintenance, repair, or renovation work involving lead-based paint that results in disturbances of lead-based paint in a total of 2 square feet or less of surface area per room, except for window removal or replacement.
(d) No person shall cause paint dust, chips, debris, or residue to be dispersed onto adjacent property or increase the risk of public exposure to lead-based paint.
(e) Within 180 days from March 31, 2009, the Mayor shall issue rules establishing comprehensive safe work practice standards and training requirements in conformance with this section.
(f)(1) A clearance examination following elimination of a lead-based paint hazard ordered by the Mayor, or after such work performed in response to a child with an elevated blood lead level, shall not be conducted by:
(A) A risk assessor or lead inspector who is related to the owner or any tenant by blood or marriage;
(B) A risk assessor or lead inspector who is an employee or owner of the abatement firm performing the work;
(C) A risk assessor or lead inspector who is an employee or owner of an entity in which the abatement firm has a financial interest; or
(D) A dust sampling technician.
(2) In all other situations where a clearance examination is required under this chapter, the clearance examination may be performed by a lead inspector, dust sampling technician, or risk assessor, whether or not employed by the owner.
(g) Within 90 days of March 31, 2009, the Mayor shall establish certification requirements for the profession of dust sampling technician. The requirements shall include the successful completion of the appropriate course accredited by EPA under 40 C.F.R. § 745.225.
(h) All renovation work shall conform to such additional requirements as may be issued by the Mayor by rule.
CREDIT(S)
(Mar. 31, 2009, D.C. Law 17-381, § 12, 56 DCR 1596; Mar. 31, 2011, D.C. Law 18-348, § 2(i), 58 DCR 717.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-348, in subsec. (a), substituted ”1978,” for “March 1, 1978,”; in subsec. (b)(1)(C), substituted “Chapter 35 of Title 24 of the Code of Federal Regulations” for “24 C.F.R. § 35.1330”; rewrote subsecs. (b)(4) and (f)(1), which had read as follows:
“(4) Adhere to other requirements established by the Mayor, or promulgated by EPA at 40 C.F.R. § 745.85.”
“(f)(1) A clearance examination following either elimination of a lead-based paint hazard ordered by the Mayor, or after such work performed in response to a child with an elevated blood lead level, shall not be conducted by a risk assessor or lead inspector who is related to the owner or any tenant by blood or marriage, or is an employee or an entity in which the individual or business entity has a financial interest, or by a dust sampling technician.”
Legislative History of Laws
For Law 17-381, see notes following § 8-231.01.
For history of Law 18-348, see notes under § 8-231.01.